NEW YORK, NEW YORK -(Ammoland.com)- Documents leaked by Project Veritas (embedded below) show that New York concealed firearms carriers will be considered criminals to the New York Police Department (NYPD) until proven innocent.
The leaked documents originated from Deputy Commissioner for Legal Matters Ernest F. Hart’s office. The documents show how the NYPD will handle encounters with the gun-carrying public now that the Concealed Carry Improvement Act (CCIA) has gone into effect. Only a day after a federal judge said the law was unconstitutional but declined to block it, the Big Apple seems to be out to prove the judge’s point.
The New York Legislature passed the Concealed Carry Improvement Act after the Supreme Court decision in NYSPRA v. Bruen was handed down. The decision written by Justice Clarence Thomas stated that New York’s “proper cause” clause was unconstitutional. New York passed a law making most of the state a gun-free zone for law-abiding citizens and replaced “proper cause” with “good moral character.”
The Legal Bureau Bulletin highlights Constitutionally problematic areas of the CCIA to many in the gun community.
The memo asks NYPD officers to assume all concealed carry holders are guilty first & conduct searches of residents on the city streets.
Instead of the presumption of innocence, NYPD officers are instructed to assume that everyone carrying a gun is carrying it unlawfully. Additionally, officers are expected to think that anyone carrying a gun is armed and dangerous, endangering the lives of lawful CCW holders. Concealed firearms carriers are the most law-abiding citizens of any class of Americans. Yet, the police leadership is instructed to treat New York City gun owners as common criminals.
Not only are the cops in New York City instructed to assume everyone carrying a gun is breaking the law, but the officers are instructed to use someone carrying a firearm as probable cause to search anyone they suspect MIGHT be carrying a gun. This searching of citizens is a return to the racist practice of Stop & Frisk. Officers are also instructed to arrest anyone that they have probable cause to believe is carrying a firearm unlawfully. The problem is that the officers are now required to assume any concealed gun carrier is carrying unlawfully.
The document defines the restricted locations in the state, which is most private property. It also lists the sensitive areas in the city, which is most of the island of Manhattan.
Sensitive areas include:
- Government buildings or property used for government administration (i.e., courts, City Hall, city agencies)
- Hospitals, doctor’s offices, health clinics, urgent care facilities, substance abuse or mental health screening and treatment centers, or other behavior health services
- Places of worship
- Public libraries, parks, playgrounds, and zoos
- Facilities where child care daycare, after-school programs or foster care are Administered
- All public and private schools, including college and university buildings and campuses, as well as preschools, nursery schools, and summer camps
- All shelters for homeless, youth, or domestic violence victims, or areas where domestic violence services are provided
- Adult care, nursing homes or assisted living facilities, veteran homes or school-based health centers
- On public transportation and in public transportation facilities, including buses, bus terminals, subways, subway stations, trains, train stations, ferries, ferry terminals, airports, etc.
- Any establishment where on-premises consumption of alcohol or cannabis is authorized, such as a bar, restaurant, or cannabis lounge
- In or on the ground of performing arts centers, theaters, stadiums, arenas, racetracks, museums, art galleries, amusement parks, banquet and catering halls, and casinos
- Any location being used as a polling location
- Any public sidewalk or public area that is restricted from general public access by a government entity for a limited time or for an authorized event such as a parade or outdoor concert (signs must be posted alerting the public that the area is temporarily a sensitive location)
- Protest demonstrations, marches, or any assembly where individuals are gathered to collectively express their constitutional right of free speech
- Time Square, as the area will be designated by signage
The bulletin also carves out exemptions for “Only Ones.”
Off-duty and on-duty police officers, as well as retired police officers, are exempt. It just isn’t the cops that get special permission to violate the law. Judges also are not bound by the same law as the rank-and-file inhabitants of New York City.
If there are any questions about whether the law is unconstitutional, this should remove all doubt. The law violates the First, Second, Fifth, and Fourteenth Amendments.
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.